Additional Medical Leaves of Absence (Non-FMLA)

Title: Additional Medical Leaves of Absence (Non-FMLA)
Approved by
Date Approved:
Effective Date: 07/29/2019
Responsible Official: Senior Associate Vice President for Equity
Responsible University Office: Office of Equity 
Revision History: 01/01/2008; 06/03/2019
Related Legislation and University policies: Certificate of Health Care Provider form
Review Period: 5 years
Date of Last Review
Relates to: executive staff, senior staff, and staff
Exclusions: none

Policy Statement

The university recognizes that some employees who have a need for medical leave but who do not meet the requirements for a leave under the Family Medical Leave Act (FMLA) Absences and Leave Policy may be qualified individuals with a disability who may be eligible for reasonable accommodations. The university also recognizes that in some circumstances, leave may be an appropriate disability accommodation.

Employees may not meet the requirements for a leave under FMLA because: (1) they have not met the one (1) year employment requirement; (2) they have not worked 1,250 hours over the last twelve (12) months; or (3) they have exhausted their twelve (12) weeks FMLA leave. Such employees who are otherwise qualified individuals with a disability may contact the Office of Equity to seek a reasonable accommodation for their disability under the Americans with Disabilities Act. Requests for accommodations are considered on a case-by-case basis. While leave time may be a reasonable accommodation in some circumstances, it is not a reasonable accommodation in every circumstance, and leave is only one of many possible reasonable accommodations that may be discussed and considered. The university may consider other leave time already provided to employees when considering the impact on operations of any additional leave time sought as a reasonable accommodation.

If the employee cannot be provided with a reasonable accommodation that keeps the employee actively working in their position or provides for job-protected leave, and the employee is unable to or otherwise fails to report to work, the employee’s employment ends as a voluntary termination effective the last day worked by the employee or the date their FMLA leave exhausts, whichever is later. In such cases, the employee will be eligible for rehire.

To discuss potential accommodations, employees should refer to the Individuals with Disabilities and Accommodations Policy and/or contact the Office of Equity.

Employees must use all unused sick pay and vacation prior to commencing an unpaid leave. They may use the leave in any order of preference. Employees who are on a paid leave will remain in their current Benelect program according to the Benelect plan and continue to accrue service time towards benefits based on active status. 

Once an employee commences an unpaid leave, they are eligible to continue benefits under the Consolidated Omnibus Budget Reconciliation Act (COBRA). The employee is responsible for arranging for Benelect continuation.